An attorney in our office recently took a call from a lady who had been involved in a head-on collision.  Her young daughter was in a car seat behind her driver’s seat.  The young child received head injuries when she impacted the front seat headrest.  It was originally assumed that the child must not have been in a car seat.  According to the mother, she was in an appropriate car seat but it may not have been properly secured with the vehicle seatbelt system.

Those of us that have children know how difficult it can be to properly attach child seats and booster seats to vehicle seats.  At times it seems like an exercise of nailing jello to the wall.  This is due, in large part, to poorly designed car seats and poorly designed vehicle seatbelt systems.  Hopefully, that is going to continue to improve.  Fortunately, automobile manufacturers are continuing to upgrade their passenger restraint systems, including upgrades for child seats.  Nevertheless, parents must be vigilant in this area.

Two recent articles in Trial Magazine offered by Stuart Ollanik and Paul Komyatte illustrate some excellent recommendations for parents in protecting their children within motor vehicles (Making Cars Safe for Kids by Stuart Ollanik, Trial Magazine November 2008, and Making Sure Child-Restraint Seats Protect by Paul Komyatte, Trial Magazine November 2008).  Some of the information gleaned from these articles in the form of advice for parents is as follows:

1.  Forward facing children in car seats oftentimes suffer injuries which could have been prevented if the infant seat was rear facing.  Facing children to the rear for as long as possible is the safest approach.

2.  Rear facing infant car seats with bases buckled into the car seats with a detachable infant carrier are not reliable and often break off at the base during impacts.  While these seats are convenient, they are not as sturdy as non-detachable carriers.

3.  Many car manufacturers are now utilizing anchors and tethers within the seat system to allow attachment of child seats.  These anchors are superior attachments devices and should be utilized, if available.  Packages can also be purchased to retrofit your car seat with these anchors.

4.  State laws throughout our country are in place to set forth child seat requirements.  In our home state of Missouri, our law requires children less than four years of age regardless of weight to be secured in a child passenger restraint system appropriate for that child.  Children weighing at least 40 pounds, but less than 80 pounds and who are also less than 4′ 9” tall shall be secured in a passenger restraint system or booster seat appropriate for that child.  Parents violating this law subject themselves to a citation.  The provisions of that law do not apply to any public carrier for hire or school buses.

5.  Integrated child seats within vehicles in most cases provide the best solution to the problem of child seats properly fitting in cars and fitting the child appropriately.  Unfortunately, these systems are not widely available in all makes and models of vehicles.

6.  Regarding booster seats, properly fitting lap belts and shoulder harness restraints are critical.  Shoulder harnesses improperly fitting across a child’s neck can cause severe injury.  The solution is not to take the shoulder harness and put it behind a child.  Studies have shown that this causes the potential for serious injury to the child’s pelvis and abdomen when only restrained by lap belt in a wreck.

7.  Be very careful how cargo is transported behind children. An item of cargo can cause a rear seat to collapse onto children in front-end collisions. Cargo may also cause injury to passengers by going airborne in a wreck. All items must be secured in a vehicle.

The problem of making our children safer in our vehicles is a challenge.  It involves parents taking the time to educate themselves regarding the most appropriate products for their child and vehicle, and also investigating the proper method of attaching the seat or booster to the vehicle.  In addition, manufacturers of restraint products and vehicles must contemplate the design of these systems to better protect our children during crashes.

If you have any questions about child restraint systems, air bag systems, or any other automobile related issues, contact Phil Holloway for a free consultation.

The defendant claimed that she had a green turn arrow and alleged that the motorcyclist was at fault for failing to yield.

There were considerable differences between the testimony of numerous witnesses that were present when the accident occurred.  This case demonstrates the critical need to immediately investigate these types of accidents, and take witness statements as soon as possible.

The case further illustrates the application of comparative fault in the State of Missouri.  The jury awarded 65% of the fault to the defendant and 35% of the fault to the motorcyclist.  This reduces the net verdict for plaintiff’s damages to $487,500.00

If you are in an accident, do not delay in contacting our law firm so that a complete and thorough investigation can be initiated immediately.  The success of your personal injury claim may depend upon how quickly an investigation commences in order to preserve evidence and testimony.

Motorcycle crash tests with an airbag were first performed in 1973.  Twenty years later, follow-up tests showed that airbags could reduce a rider’s velocity and trajectory in frontal collisions, which make up 62% of motorcycle accidents in the United States.

Honda Motor Company rolled out its first production motorcycle airbag system in 2006 available on its Goldwing motorcycles.  The system utilized fuel tank mounted airbags which deploy when four crash sensors mounted on the front fork measure the necessary change in acceleration caused by a frontal impact.  The design was intended to prevent the motorcycle rider from traveling forward into the impact vehicle.  The airbag’s purpose is to absorb some of the forward energy of the rider and reduce the velocity at which a rider might be thrown from the motorcycle.  According to Honda, the demand for this safety feature continues to increase and grow in popularity.  Other manufacturers are attempting to add airbag technology as an option on certain models.

Also growing in popularity is personal protective equipment for motorcyclists.  This equipment has always included helmets, gloves, jackets, pants, and boots, but now new technology is expanding into this area as well.  Motorcycle airbag jackets are being designed and marketed as another potential piece of equipment to provide better overall safety to the rider.  The jackets include compressed carbon dioxide cylinders for inflation purposes, along with breakaway devices to trigger the system when a rider is ejected from the bike.  As technology and design advances, there may be a day when these airbag features could be added to any type of motorcycle jacket.  Companies are already marketing these jackets for sale.

As technology improves and we become more safety conscience in this country, views towards these features may change.  What we thought was safe in 1967 has dramatically changed 30 years later.  Perhaps motorcycle airbags will make a similar journey in the public’s consciousness.

If you have been involved in a motorcycle accident and would like to discuss your legal options, please give us a call.

Experienced motorcycle operators always assume that they are invisible to other motorists.  Avoiding the blind spot to the left and right rear of any vehicle may be the difference between life or death for a motorcycle operator.  In addition, there are a number of other actions that can be taken by operators of motorcycles to increase their ability to be seen.  Brightly colored clothing with reflective material, a light colored helmet, and illuminated headlights increase rider visibility to other motorists in any lighting condition, but especially at night.  A recent New Zealand study confirmed that wearing conspicuous attire does affect the risk of having an accident.  Wearing fluorescent clothing reduces the risk of a crash injury by 37%, wearing a white helmet by 24%, and riding with headlights illuminated by 27%.

Despite these attempts to be seen by responsible and experienced motorcycle operators, other motorists continue to cause accidents by pulling out in front of motorcycles.  Human factor experts have provided testimony in motorcycle accident cases regarding the at-fault driver’s contention that they “didn’t see” a motorcycle coming toward them in the opposite lane.  These experts discussed the phenomenon of an object traveling directly towards an observer, which is more difficult to see, as it is not crossing the observer’s field of vision.  Another interesting experiment is to attempt to judge the speed of an object coming directly toward you.  This can be extremely difficult to do against a stationary background.  Motorists not using the highest degree of care will often turn in front of motorcycles claiming that they thought they had enough time to complete the turn.

This exact scenario was dealt with by our law firm in a recent motorcycle accident.  “Steve” was on his way to work one morning on a flat undivided highway with the rising sun to his back.  A car operator turned left right in front of Steve leaving him no time to react in order to avoid the collision.  The car operator provided the typical line…”I never saw him coming until it was too late.”  Steve’s training and experience in proper crash avoidance techniques allowed him to survive this accident.  He was a recent graduate from the Experienced Riders Course of the Motorcycle Safety Foundation (MSF).  As a part of the course, emergency techniques such as maximum brake stops and avoiding obstacles in the road were taught and practiced.  Steve credits this course with providing him the necessary techniques to avoid substantial injury or death.

The collision was not avoidable.  Steve severely fractured his left elbow with associated tendon ruptures of his left arm.  He underwent immediate surgery to repair these injuries requiring internal fixation and tendon rupture repair.  Adding insult to injury, the insurance carrier for the at-fault driver attempted to place a significant share of the fault on Steve for his “failing to avoid the accident” and “excessive speed”.  Both allegations were without any factual basis.  Shortly after our firm was hired, the insurance carrier agreed to settle for the maximum amount of money available from the at-fault driver’s policy.

Motorcycle operators can employ various strategies to decrease the risk of being injured in an accident.  These strategies include relatively inexpensive measures such as adding light sources to your bike and the use of light, bright, reflective, or fluorescent colors.  Also, an understanding of your positioning in relationship to other motor vehicles may save your life or prevent serious injuries.

While responsible or experienced motorcycle operators can answer the questions by responding, “I want to be seen!”  Other motorists still have a responsibility to share the road with motorcycles.

7. Seventh, in pursuing a personal injury or wrongful death claim against a trucking company or truck driver, it is important to get experts on your behalf involved early on, including attorneys, trucking experts and accident investigators.  Trucking companies and their insurers are very good at hiring investigators immediately to photograph the scene and vehicles, and obtain witness statements and take other action in an effort to redirect the fault for the trucking accident to other persons or parties.  This is why it is important that you hire the right people to investigate and support your side of the story.  Waiting days and weeks or longer to get the right people involved could mean the difference between success and failure in your case against the trucking company or truck driver.  This is why it is important you hire the right people early on.  Our law firm handles these cases and can be reached through our website www.truckaccidentlegalcenter.com or our toll free number (800) 943-4529.

Sixth, it is important that all medical care for injured parties in the truck accident should be carefully documented.  Photographs and videos of injuries and medical conditions need to be taken, not only at the beginning, but at regular time intervals throughout the medical care time.  Photographs and videos taken in the hospital setting as well as therapy can be very important in supporting the personal injury claim.

In addition, recording the progression of injury and medical conditions through diaries and other documentation to record the times, complaints and changes in condition can be very helpful in the personal injury claim.

Maintaining all medical bills and receipts, including prescription receipts, help to support the personal injury claim against the trucking company or truck driver.  Documenting lost time from work or other planned activities that were lost due to the truck accident should be maintained.

For more information on what documentation needs to be created and maintained, you can contact our lawfirm through our website www.truckaccidentlegalcenter.com or our toll free number (800) 943-4529.

Fifth, it is important to notify the trucking company and truck driver in writing as soon after the accident as possible to keep and maintain certain records and documents which will be important in pursuing the truck accident injury claim.  Federal law only requires the trucking company to keep some documentation for a limited period of time unless the trucking company is informed that a claim may be made.  This would include the log books of the truck driver which records the truck drivers activities up to and including the accident.  Log books are to record the truck drivers time on the road, in the sleeper berth and off-duty times.  Overall speeds can be calculated using log books.  Also, logbook violations can be significant in making the personal injury claim against the trucking company.

Other documents such as trip sheets, pre-trip inspections and post-trip inspections, including inspections of the braking system, as well as bills of lading and documentation of the product or material being transported can be very important.  It is important that notification be given to the trucking company and truck driver that none of these records are to be altered or destroyed.

Most modern tractor-truck units are equipped with an “event recorder,” often referred to as “black boxes.”  These computer recorders can be invaluable in recording speeds, engine rpms, braking and other important data to reconstruct what caused the truck accident.  In fact, many passenger motor vehicles are likewise equipped with these event recorders, and this information can be downloaded and utilized very effectively.  It is important that the trucking company or owner of the truck be notified that such event recorder data be preserved and not destroyed.  The data should be available if it has not been downloaded or if the truck has not been totaled and sent for salvage.

Our law firm utilizes experts who can download event recorder data and this information needs to be obtained in pursuing the personal injury claim against the truck driver and trucking company.  Please contact our lawfirm at our website www.truckaccidentlegalcenter.com or our toll free number (800) 943-4529.

4.  Fourth, the accident scene with the truck needs to be diagrammed and measured.  Most of the time, the investigating law enforcement officer will prepare a diagram as part of the report that will include the location of the semi-tractor and trailer and other motor vehicles in the position they came to rest after the accident.  However, sometimes those law enforcement officers do not make all the necessary measurements.  Likewise, the law enforcement officer may not diagram or measure roadway markings, including skid marks, scuff marks, oil marks, gouges and physical debris.  In addition to photographing and/or videotaping the roadway markings, these need to be measured and diagrammed.  It is recognized that most people do not carry tape measures with them in their motor vehicles, but if you or a witness at the scene doesn’t have a measuring device, then at least walk off these distances and record them.

Again, many of the roadway markings and even indentations left by the truck and trailer or other motor vehicles can be diagrammed and measured days and sometimes weeks after the accident.  This is not ideal, but it is better than not having this information.
In significant trucking accident cases, our law firm can send an investigator to the accident scene to collect and record this type of information.  We can be reached at our website www.truckaccidentlegalcenter.com or our toll free number (800) 943-4529.

3.  Third, photographs and videos of the physical evidence and motor vehicles involved should be taken immediately.  All parts of the motor vehicles should be photographed, including the semi-tractor and trailer unit should be taken while the vehicles are in their after-impact position.  Even those parts of the vehicles that don’t appear to be damaged need to be photographed and/or videoed.  This is because of the lack of damage on the portion of a truck or other motor vehicle can be important.  Photographs and videos of all portions of the semi-tractor and trailer may reveal maintenance defects in the tires, braking systems and other structure of the truck or trailer.  While it is best to take these photographs at the scene and before the vehicles are moved, if this is not possible, the photograph should still be taken of the semi-tractor and trailer and other motor vehicles even after they have been moved to a tow lot or other salvage location.  Interior photographs or videos of all vehicles should likewise be taken, particularly of the tractor unit.

In addition to taking photographs or videos of the semi-tractor and trailer and other motor vehicles involved, it is very important to photograph the scene of the accident.  This includes not only the terrain and surrounding area, but specifically the roadways where the accident happened.  There can be markings on the roadway which are significant in the accident and personal injury claim, including skid marks, scuff marks, gouges, oil marks, and physical debris.  Some of the markings and gouges can be present for even days afterwards.  It may be important to have an accident expert or trucking expert look at the scene of the accident to record the physical evidence.  Our law firm has access to trucking and accident reconstruction experts who can assist in investigation of the accident.  We can be reached at our website www.truckaccidentlegalcenter.com or our toll free number (800) 943-4529.

Step 2.  If you are physically able or if you have someone else at the accident scene that can do so, it is important to obtain the names and contact information for all witnesses and potential witnesses.  This may even include people who show up after the accident is over.  Such persons could still have important information to be used later on.
Even if the fault of the truck accident is obvious, it is still important to have every witness recorded and their contact information obtained.  This includes name, address, phone number, and if they will give it to you, even employment number or cell phone number so that they can be contacted.

If possible, it is even helpful to note where the witness was located at the time of the accident, the type of vehicle being driven, license plate number and color of the vehicle.

Sometimes individuals have cameras in their motor vehicles.  Ask witnesses if they have a camera to record any of the physical evidence or vehicles of the accident.

Make sure all witnesses are followed up with shortly after the accident, and if possible, obtain a recording of the witness’ account of the accident including what they saw, heard or experienced.  It is best to obtain that witness statement as soon after the accident as possible because memories tend to fade over time.  Our law firm has expertise in obtaining witness statements and may be contacted through our website www.truckaccidentlegalcenter.com or by phone at 1-800-943-8529.